49.795(8)(d)1.a.
a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.
49.795(8)(d)1.b.
b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.
49.795(8)(d)1m.
1m. In addition to the penalties applicable under
par. (a),
(b) or
(c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under
7 USC 2024 (b) or (c) involving an item covered by
7 USC 2024 (b) or (c) having a value of $500 or more.
49.795(8)(d)2.
2. The person may apply to the county department under
s. 46.215,
46.22 or
46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.
49.795(8)(e)1.1. If a court finds that a person traded a controlled substance, as defined in
s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:
49.795(8)(e)2.
2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.
49.795(8)(f)
(f) Notwithstanding
par. (d), in addition to the penalties applicable under
par. (a),
(b) or
(c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.
49.795 History
History: 2001 a. 16 s.
1656tz; Stats. 2001 s. 49.795;
2001 a. 109.
49.797
49.797
Electronic benefit transfer. 49.797(1)
(1)
Definition. In this section, "food stamp program" means the federal food stamp program under
7 USC 2011 to
2029 or, if the department determines that the food stamp program no longer exists, a nutrition program that the department determines is a successor to the food stamp program.
49.797(2)(a)(a) Except as provided in
par. (b) and
sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in
s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
49.797(2)(b)
(b) The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.797(2)(b)1.
1. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.797(4)
(4) Duties. In administering a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.797(4)(a)
(a) Consult with members of the following groups:
49.797(4)(a)4.
4. Appropriate county, state and tribal governing body employees.
49.797(4)(a)5.
5. Persons who sell goods or services to recipients for which payment may be made by use of an electronic benefit transfer system, including, as appropriate, retailers, landlords and public utilities.
49.797(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.797(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
49.797(5)
(5) State agencies. The department may enter into an agreement with any state agency to deliver benefits paid by that agency by an electronic benefit transfer system.
49.797(6)
(6) Administration; contracts. The department may enter into a contract with any financial institution, as defined in
s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.797(6)(a)
(a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in
sub. (4) (a).
49.797(6)(b)
(b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.797(7)
(7) Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.797(7)(a)
(a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under
sub. (4) (d).
49.797(7)(b)
(b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
49.797(7)(d)
(d) Measures to be taken by the department or the person with whom the department contracts under
sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.797(8)
(8) County participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.797 History
History: 2001 a. 16 ss.
1656u to
1656ue,
1656uj to
1656ut; Stats. 2001 s. 49.797.
49.797 Cross-reference
Cross Reference: See also ch.
DWD 14, Wis. adm. code.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health and family services, the department of workforce development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the
U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.81(3)
(3) The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
49.81(4)
(4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under
s. 49.19,
49.46,
49.468 or
49.47, to a speedy appeals process for resolving contested determinations.
49.82
49.82
Administration of public assistance programs. 49.82(1)(1)
Departments to advise counties. The department of health and family services and the department of workforce development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health and family services and the department of workforce development shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.
49.82(2)
(2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under
s. 49.46 or
49.47 because of
42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.
49.83
49.83
Limitation on giving information. Except as provided under
s. 49.32 (9),
(10) and
(10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under
ss. 49.141 to
49.161, social services, child and spousal support and establishment of paternity services under
s. 49.22 or supplemental payments under
s. 49.77 for any purpose not connected with the administration of the programs. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
49.83 History
History: 1995 a. 27 ss.
3142,
3144; Stats. 1995 s. 49.83;
1995 a. 289,
361,
404;
1997 a. 35.
49.84
49.84
Verification of public assistance applications. 49.84(1)(1) Any person who applies for any public assistance shall execute the application or self-declaration in the presence of the welfare worker or other person processing the application. This subsection does not apply to any superintendent of a mental health institute, director of a center for the developmentally disabled, superintendent of a state treatment facility or superintendent of a state correctional facility who applies for public assistance on behalf of a patient.
49.84(2)
(2) At the time of application, the agency administering the public assistance program shall apply to the department of health and family services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health and family services shall provide without charge any copy for which application is made under this subsection.
49.84(3)
(3) Notwithstanding
subs. (1) and
(2), personal identification documentation requirements may be waived for 10 days for an applicant for relief funded by a relief block grant, if the applicant agrees to cooperate with the relief agency by providing information necessary to obtain proper identification.
49.84(4)
(4) Notwithstanding
sub. (2), the relief agency receiving an application under
sub. (3) shall pay on behalf of any applicant under
sub. (3) fees required for the applicant to obtain proper identification.
49.84(5)
(5) A person applying for Wisconsin works under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamp program benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in
42 USC 1320b-7 (d).
49.85
49.85
Certification of certain public assistance overpayments. 49.85(1)(1)
Department notification requirement. If a county department under
s. 46.215,
46.22, or
46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and family services may recover an amount under
s. 49.497 or that the department of workforce development may recover an amount under
s. 49.161,
49.195 (3), or
49.793, the county department or governing body shall notify the affected department of the determination. If a Wisconsin works agency determines that the department of workforce development may recover an amount under
s. 49.161 or
49.195 (3), the Wisconsin works agency shall notify the department of workforce development of the determination.
49.85(2)(a)(a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under
s. 49.45 (2) (a) 10. or
49.497, except that the department of health and family services may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
49.85(2)(b)
(b) At least annually, the department of workforce development shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of workforce development, the department of workforce development has determined that it may recover under
ss. 49.161,
49.195 (3), and
49.793, except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
49.85(3)(a)(a) At least 30 days before certification of an amount, the department of health and family services shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(a)1.
1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under
s. 49.45 (2) (a) 10. or
49.497, for setoff from any state tax refund that may be due the person.
49.85(3)(a)2.
2. Inform the person that he or she may appeal the determination of the department of health and family services to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(a)3.
3. Inform the person that, if the determination of the department of health and family services is appealed, that department will not certify the amount to the department of revenue while the determination of the department of health and family services is under appeal.
49.85(3)(a)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of health and family services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(a)5.
5. Request that the person inform the department of health and family services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(a)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(3)(b)
(b) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(b)1.
1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under
s. 49.161,
49.195 (3), or
49.793, for setoff from any state tax refund that may be due the person.
49.85(3)(b)2.
2. Inform the person that he or she may appeal the determination of the department of workforce development to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(b)3.
3. Inform the person that, if the determination of the department of workforce development is appealed, that department will not certify the amount to the department of revenue while the determination of the department of workforce development is under appeal.
49.85(3)(b)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of workforce development, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(b)5.
5. Request that the person inform the department of workforce development if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(b)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(4)(a)(a) If a person has requested a hearing under this subsection, the department of health and family services shall hold a contested case hearing under
s. 227.44, except that the department of health and family services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
49.85(4)(b)
(b) If a person has requested a hearing under this subsection, the department of workforce development shall hold a contested case hearing under
s. 227.44, except that the department of workforce development may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
49.85(5)
(5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under
s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of workforce development from attempting to recover the amount through other legal means. The department of health and family services or the department of workforce development shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.
49.852
49.852
Delinquent support payments; pension plans. 49.852(1)(1) The department of workforce development may direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under
chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of workforce development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under
sub. (2) and unless the amount specified has either not been appealed or is no longer under appeal under
s. 49.854.
